MEMORANDUM. Re: Federal and State Restrictions on the Delivery of Recorded Messages

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1 MEMORANDUM Date: October 29, 2008 Re: Federal and State Restrictions on the Delivery of Recorded Messages The following requirements are imposed on the delivery of recorded messages by automated dialing machines. Although this type of calling is not prohibited in certain states if an existing business relationship exists, the following restrictions must still be satisfied. Please refer to the Delivery of Recording Chart for the applicability of the existing business relationship exemption to individual states. Federal Telemarketing Sales Rule (16 CF.R (b)): 1. Prerecorded messages sent pursuant to an established business relationship must: a. Ring for at least 15 seconds or 4 rings before disconnecting an answered call and b. Within 2 seconds of the called person s completed greeting promptly play a prerecorded message that presents an opportunity by pressing a number on the keypad to assert an entity-specific do-not-call request at the outset of the message or allow the person to speak to a live representative. See 69 Fed. Reg (Nov. 17, 2004). 2. Caller identification: the telephone number, and, when made available by the telemarketer's carrier, the name of the telemarketer, must be transmitted to any caller identification service in use by a recipient of a telemarketing call. Id. at 310.4(a)(7). The restriction in (2) above applies only to calls made to induce the purchase of goods or services or a charitable contribution (by a professional fund-raiser). Id. at 310.2(cc) Telephone Consumer Protection Act (47 C.F.R (a)): 3. No person may use an automatic telephone dialing system in such a way that two or more telephone lines of a multi-line business are engaged simultaneously. 4. No person may abandon more than three percent of all telemarketing calls that are answered live by a person, measured over a 30-day period. a. A call is "abandoned" if it is not connected to a live sales representative within 1

2 two (2) seconds of the called person's completed greeting. b. Whenever a sales representative is not available to speak with the person answering the call, that person must receive, within two (2) seconds after the called person's completed greeting, a prerecorded identification message that states only the name and telephone number of the business, entity, or individual on whose behalf the call was placed, and that the call was for "telemarketing purposes." c. The telephone number so provided must permit any individual to make a do-notcall request during regular business hours for the duration of the telemarketing campaign. The telephone number may not be a 900 number or any other number for which charges exceed local or long distance transmission charges. The seller or telemarketer must maintain records establishing compliance with this section. Id. at (a)(6). *A call for telemarketing purposes that delivers an artificial or prerecorded voice message to a residential telephone line that is assigned to a person who either has granted prior express consent for the call to be made or has an established business relationship with the caller shall not be considered an abandoned call if the message begins within two (2) seconds of the called person's completed greeting. The restriction included in (4) above only applies to telemarketing calls, i.e. calls for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. Id. at (f)(10). 5. All artificial or prerecorded telephone messages shall: a. At the beginning of the message, state clearly the identity of the business, individual, or other entity that is responsible for initiating the call. If a business is responsible for initiating the call, the name under which the entity is registered to conduct business with the State Corporation Commission (or comparable regulatory authority) must be stated, and b. During or after the message, state clearly the telephone number (other than that of the autodialer or prerecorded message player that placed the call) of such business, other entity, or individual. The telephone number provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges. For telemarketing messages to residential telephone subscribers, such telephone number must permit any individual to make a do-notcall request during regular business hours for the duration of the telemarketing 2

3 campaign. Id. at (b)(1), (2). There are no exemptions from the restrictions in (5) above. Additional FCC Restrictions (47 C.F.R ): 6. Dialing to any individual number is limited to two successive attempts a, unless the dialing equipment is capable of detecting busy and reorder signals b and then an additional 13 attempts are permitted. After successive attempts, the dialer must wait at least 60 minutes to re-attempt a call. 7. If a dialer can detect busy and reorder signals, the equipment shall return to its on-hook state c within 15 seconds after detecting a busy or reorder signal. 8. If the called party does not answer, the dialer shall return to the on-hook state within 60 seconds of completion of dialing. 9. If the called party answers, and the calling equipment does not detect a compatible terminal equipment at the called end, the dialing equipment shall be limited to one additional call which is answered. 10. Disconnection with the called party s line must occur within 5 seconds of the time notification is transmitted that the called party has hung up. 11. Any person or entity that engages in telemarketing must transmit caller identification information, which must include either CPN or ANI, and, when available by the telemarketer's carrier, the name of the telemarketer. 47 C.F.R (e). a Successive attempts is not defined in the regulation, however, the commentary states that the limitation is intended to prevent potential network congestion at telephone company central offices, particularly during the peak network usage periods, caused by the proliferation of telephone devices incorporating circuitry that permits automatic redialing of telephone numbers.... These delays occur when large numbers of calls are placed in a short period of time FR From this commentary, it appears that successive attempts means immediate or near immediate attempts to redial a given telephone number. b Reorder signal is a fast busy signal normally indicating network busy status. c The term on-hook state is not defined. However, other FCC regulations using the term make clear that on-hook means the line or loop under test when a telephone instrument is terminated. 47 CFR (f)(2).

4 State Restrictions California 1. Curfew restriction: 9:00 a.m. to 9:00 p.m. Cal. Pub. Util. Code 2872(c). 2. Must disconnect after either party hangs up. Id. at 2874(b). 3. Abandonment rate may not exceed 3 %. Id. at Written application required to the telephone corporation within whose service area telephone calls through the use of such device are proposed to be placed. Id. at The following are exempt from the above restrictions: 1. Any automatic dialing-announcing device that is not used to randomly or sequentially dial telephone numbers but that is used solely to transmit a message to an established business associate, customer, or other person having an established relationship with the person using the automatic dialing-announcing device to transmit the message. 2. Any call generated at the request of the recipient. Cal. Pub. Util. Code 2872(f). Connecticut Caller may not continue the call/message after the customer hangs up. Conn. Gen. Stat e. This restriction only applies to calls for commercial, business or advertising purposes. District of Columbia Must terminate connection within 10 seconds after called party hangs up. D.C. Code (b)(3). This restriction does not apply if: (A) (B) The person soliciting is a federal, state, or local government agency that uses an automated dialing prerecorded message for emergency purposes; or A person has a preexisting business relationship with the party called and the call concerns goods, services, or real property that have been previously ordered or purchased. 4

5 Id. at (b)(2). Georgia 1. Curfew restriction 8:00 a.m. to 9:00 p.m. Ga. Code (2)(B) 2. Must terminate connection within 10 seconds after called party hangs up or fails to give consent. Id. at (2)(F). 3. The recorded message must state clearly the name and telephone number of the person or organization initiating the call within the first 25 seconds of the call and at the conclusion of the call. Id. at (2)(G). 4. Permit required for intrastate calling only. Id. at (3)(c). These restrictions apply only to the use of ADAD equipment for the purpose of advertising or offering for sale, lease, rental, or as a gift any goods, services, or property, either real or personal, primarily for personal, family, or household use or for the purpose of conducting polls or soliciting information. Id. at (a)(2). Idaho 1. Disconnection must be automatic when the called party hangs up. 2. Curfew 9:00 a.m. to 9:00 p.m. IDAPA At the outset of the message, disclose the following: a. The name of the person for whom the message is being made; b. The purpose of the message; and c. The contact information of the caller. Idaho Stat C The following are exempt from (1) and (2) above: 1. Calls not providing an unsolicited message. 2. Requested or contracted automatic announcements for return calls.

6 3. Notification-of-termination-of-service warnings from telephone companies. 4. Security, paging or alarm systems subscribed to by a customer. IDAPA Illinois 1. Must terminate connection within 30 seconds after the called party hangs up. 815 ILCS 305/ Curfew-9:00 a.m. to 9:00 p.m. Id. 3. An autodialer may not be operated in a manner that impedes the function of any caller ID when the telephone solicitor's service or equipment is capable of allowing the display of the solicitor's telephone number. Id. The following types of calls are exempt from all of the above restrictions, except for (3) above: 1. Calls made in response to an express request. 2. Calls made to any person with whom the telephone solicitor has a prior or existing business relationship. 3. Calls placed on behalf of any political, charitable, public opinion polling, research survey, or radio or television broadcast rating organization. Indiana 1. Must terminate connection within 10 seconds after the called party hangs up. Ind. Code Curfew restriction: 9:00 a.m. to 8:00 p.m. Id. at The following types of messages are exempt from (2) above: 1. Messages from school districts to students, parents, or employees. 2. Messages to subscribers with whom the caller has a current business or personal relationship. 3. Messages advising employees of work schedules. 6

7 Id. at Iowa Must terminate connection within 10 seconds after the called party hangs up. Ia. Code (3). There are no exemptions from this requirement. Kentucky 1. Must terminate connection within 10 seconds after caller fails to obtain consent or called party hangs up. Ky. Stat (2)(c). 2. Curfew restriction: 8:00 a.m. to 9:00 p.m. Id. at (e). 3. The recorded message must clearly state the name and telephone number of the person or organization initiating the call within the first twenty-five (25) seconds of the message and at the conclusion of the message. Id. at (b). 4. That telephone number given in the recorded message shall, during normal office hours, be answered promptly and personally by an agent of the person or organization on whose behalf the automatic calls are made, who is able to provide information concerning the automatic calls. Id. at (b). 5. License required. Id. at ( The following types of calls are exempt from the requirements above: 1. Calls made in response to calls initiated by the person to whom the recorded message is directed. 2. Calls concerning goods or services, or the availability of same which were previously ordered or purchased. 3. Calls relating to collection of lawful debts. 4. Calls made by a public school as part of a program to regulate and control absenteeism of students. 5. Calls that are reminders and notices of meetings and activities of organizations of which the person called is a member or a subscribed consumer of the services of the

8 organization or are made to a person with whom there is an existing business relationship. Id. at (3). Calls which do not conduct polls, solicit information or advertise goods, services or property are also exempt. Louisiana 1. Consent required to be given to live operator before initiation of message. Gen. Order 5(A)(4). 2. Must terminate connection within 10 seconds after fail to obtain consent or called party hangs up. La. Stat. 45:811(6). 3. Curfew restriction: 8:00 a.m. to 8:00 p.m., no calls allowed on Sundays and holidays. Id. at (2). 4. The recorded message must state clearly the name and telephone number of the person or organization initiating the call within the first twenty-five seconds of the call and at the conclusion of the call. Id. at (7). 5. The telephone number required to be stated in the provision of Paragraph (4) must be, during normal business hours, promptly, and personally answered by someone who is an agent of the person or organization in whose behalf the automatic calls are made and is able to provide information concerning the automatic calls. Id. at (9). The following types of calls are exempt from (2) through (5) above: 1. Calls made at the request of the subscriber. 2. Calls made for the collection of a lawful debt. 3. Calls made for the payment for, service of, or warranty coverage for previously ordered or purchased goods or services or additional goods or services for existing customers or to remind the customer of a previously made appointment. 4. Calls made by or on behalf of a charitable or non-profit organization to a subscriber who has donated, or who has expressed an interest in donating, realty, goods, services or money. 5. Calls to any person with whom the caller had a pre-existing business relationship. 8

9 6. Contractual sales regulated by any other provision of Louisiana law or the sale of financial services, security sales, or sales transacted by companies, or their wholly owned subsidiaries or agents, which are regulated by the Louisiana Public Service Commission. 7. Calls made pursuant to a political campaign. 8. Calls made to notify or inform the public of an emergency. Id. at 45:816 Maine 1. Must terminate connection within 5 seconds after called party hangs up. 10 M.R.S. 1498(3). 2. Only one call allowed per 8 hour period. Id. 3. Curfew restriction: 9:00 a.m. to 5:00 p.m. weekdays, calls prohibited on weekend. Id. 4. Within the first minute of the call, identify the name, address, and telephone number of the organization making the call. Id. 5. Within the first minute of the call, must identify the name, address and telephone number of the organization for whom the call is being made. Id. These restrictions only apply to calls for the purpose of any of the following: 1. To offer real property, goods, or services for sale or rent. 2. To convey information on real property, goods, or services to solicit sales or purchase. 3. To promote or solicit charitable contributions. 4. To gather data or statistics or solicit information. Id. at (1)(B). Maryland Must terminate connection within 5 seconds after called part hangs up. Md. Pub. Util. Co. Code 8-204(c).

10 The following are exempt from the above restriction: 1. A unit of federal, State or local government that uses an automated dialing prerecorded message machine for emergency purposes. 2. A person who has a preexisting business relationship with, or the consent of, the person called. Id. at 8-204(a). Minnesota 1. Must terminate connection within 10 seconds after called party hangs up. Minn. Stat. 325E Curfew restriction: 9:00 a.m. to 9:00 p.m. Id. at 325E Where the message is preceded by a live operator, the operator must, at the outset of the message, disclose: a. The name of the business, firm, organization, association, partnership, or entity for which the message is being made. b. The purpose of the message. c. The identity or kinds of goods of services the message is promoting. d. If applicable, the fact that the message intends to solicit payment or commitment of funds. Id. at 325E.29. The restriction in (2) above does not apply to the following: 1. Messages from school districts to students, parents, or employees. 2. Messages to subscribers with whom the caller has a current business or personal relationship. 3. Messages advising employees of work schedules. Id. at 325E.27 10

11 Mississippi 1. Must disconnect when called party hangs up. Miss. Code (2)(c). 2. Must state the nature of the call and the name, address and telephone number of the business or organization being represented, if any. Id. at (2)(a) 3. Curfew restriction: 9:00 a.m. to 9:00 p.m. Id. at Written application required to the telephone corporation within whose service area telephone calls through the use of such device are proposed to be placed. Id. at The following are exempt from the above restrictions: 1. Calls using any automatic dialing-answering device which is not used to randomly or sequentially dial telephone numbers but which is used solely to transmit a message to an established business associate, customer or other person having an established relationship with the person using the automatic dialing-answering device to transmit the message. 2. Calls generated at the request of the recipient. Id. at Missouri When engaged in telemarketing, such voice communication shall, promptly at the beginning of the telephone call, inform the consumer that the call is being made by a recorded, computergenerated, electronically generated or other type of voice communication, as the case may be. Mo. Stat (1)(5). The following are exempt from the above restriction: 1. Calls not for the sale of goods or services. 2. Calls in which the sale not completed, and payment or authorization of payment is not required, until after a face-to-face meeting. 3. Calls in which the sale is completed and a written contract is forwarded to the consumer so long as the consumer may return the merchandise within 14 days of receipt of the merchandise and receive a refund of any moneys paid except for any coverage, fees or

12 services earned; provided that the telemarketer shall inform the consumer at the time of the call of cancellation rights. 4. Calls that are not the result of any advertisement by a seller or telemarketer. 5. Calls made in response to an advertisement through any media, other than direct mail or telemarketing, which discloses the name of the seller and the identity of the merchandise, provided that, this exemption shall not apply to prize calls. 6. Calls in response to direct mail solicitations that make all required disclosures under ; provided that, this exemption does not apply to prize calls. 7. Calls in response to the mailing of a catalog. 8. Calls to any consumer with such consumer's prior express invitation or permission. 9. Calls to any consumer with whom the seller has an established business relationship. 10. Calls by or on behalf of any entity over which either a state or federal agency has regulatory authority requiring a license or permit. 11. Business-to-business calls except calls involving the retail sale of nondurable office and cleaning supplies. Nebraska 1. Must disconnect within 5 seconds after called party hangs up. Neb. Stat May not engage two or more lines of a business within a multi-line system simultaneously. Id. at Curfew restriction: 8:00 a.m. to 9:00 p.m. Id. at All telephone solicitation messages delivered by an automatic dialing-announcing device shall: Id. at a. At the beginning of the message, state clearly the identity of the person making the call; and b. During or after the message, state clearly the telephone number, other than that of the device which made the call, or address of such person. 12

13 5. Permit or registration required. Id. at 250, 256. ( matic%20dialer%20application.pdf) The following are exempt from all of the above restrictions except (1), (2), and the registration requirement in (5): 1. Calls made to any person with the person s prior express invitation or permission. 2. Calls made to any person with whom the caller has an established business relationship. 3. Calls made by a tax-exempt nonprofit organization. 4. Calls made not for commercial purposes. 5. Calls made for a commercial purpose but which does not include the transmission of an unsolicited advertisement. 6. Calls placed by a live operator and a prerecorded message is not utilized. Nevada 1. May not place a call-back or second call to same number if the person called terminated the original call. Nev. Stat (2)(b). 2. Curfew restriction: 9:00 a.m. to 9:00 p.m. Id. at (2)(a). The following are exempt from the above requirements: 1. Calls using equipment that does not incorporate a storage capability of telephone numbers to be called and utilize a random or sequential number generator producing telephone numbers to be called. 2. Calls using equipment to disseminate a prerecorded message to the telephone number called not to solicit a person at the telephone number called to purchase goods or services. Id. at Calls to a person with whom the person using the device or another affiliated person has a preexisting business relationship. Id. at (3).

14 New Hampshire 1. Must disconnect within 30 seconds after called party hangs up. N.H. Code 359-E:4. 2. Any solicitation message made through the use of an automatic telephone dialing system shall disclose immediately after telephone contact: a. The name of the person, company, or organization making the call. b. The purpose of the call and the goods or services being offered, if any. Id. at 359-E:5. 3. The caller identification information displayed shall contain a telephone number at which the telephone solicitor may receive telephone calls if the telephone solicitor leaves a message on a telephone answering device or uses an automatic telephone dialing system that plays a recorded message when a connection is completed to a telephone number. Id. at 359-E:5-a. 4. Registration required. Id. at 359-E:2. ( Calls where there is a pre-existing relationship between the caller and the person called are exempt from (2) and (4) above. N.H. Stat. 359-E:1. 5. Prerecorded political messages to any telephone number on the federal do-not-call list are prohibited. N.H. Stat. 359-E:1(III). 6. Prerecorded political messages must contain the name of the candidate or organization the call is on behalf of, and the name of the entity paying for delivery of the message. Id. at II. * Prerecorded Political Message is defined as: Id. at I. New Mexico a prerecorded audio message delivered by telephone by a candidate or political committee or any person when the content of a message expressly or implicitly advocates the success or defeat of any party, measure, or person at any election, or contains information about any candidate or party... 14

15 Must disconnect immediately when called party hangs up. N.M. Stat (B)(6). The following are exempt from this restriction: 1. Calls to a residential subscriber with that subscriber's prior express invitation or permission. 2. Calls by or on behalf of a person with whom a residential subscriber has an established business relationship. 3. Calls made for the sole purpose of urging support for or opposition to a political candidate or ballot issue. 4. Calls made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas or votes. 5. Calls by a person who is a duly licensed real estate broker, who is a resident of the state and whose telephone call to the consumer is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent or leasing real estate in accordance with the provisions for which he or she is licensed and not in conjunction with any other offer. 6. Calls not for the purpose of encouraging the purchase or rental of or investment in property, goods or services. Id. at (4). New York 1. Must disconnect when called party hangs up. N.Y. Gen. Bus. 399-p(3)(b). 2. At the beginning of the call, state the nature of the call and the name of the person on whose behalf the message is transmitted and at the end of such message the address, and telephone number of the person on whose behalf the message is transmitted, provided such disclosures are not otherwise prohibited or restricted by any federal, state or local law. Id. at (3)(a). 3. Cannot use random or sequential number generator. Id. at (4). 4. Caller ID blocking devices prohibited. Id. at (6-a). The following are exempt from the above requirements: 1. Federal, state, or local municipalities using an ADAD for emergency purposes.

16 2. Any entity which operates a telephone warning or alert system for emergency purposes. Id. at (7) North Carolina The person making the call must clearly identify the person s name, contact information, and the nature of the unsolicited telephone call. The following are exempt from the above requirement: 1. Calls made with prior express invitation or permission. 2. Calls made in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call. 3. Calls place by a person with whom the person called has made an appointment, as long as the call only conveys information about the appointment. 4. Calls by a utility, telephone company, cable television company, satellite television company, or similar entity for the sole purpose of conveying information about outages, repairs, service interruption, and confirmation calls related to restoration of service. North Dakota 1. Must disconnect within 10 seconds after called party hangs up. N.D. Code Curfew restriction: 8:00 a.m. to 9:00 p.m. Id. at When the message is immediately preceded by a live operator, the operator must disclose at the outset of the message: a. The name of the business or organization for which the message is being made. b. The purpose of the message. c. The identity or kinds of goods or services the message is promoting. d. If applicable, the fact that the message intends to solicit payment or commitment of funds. Id. at

17 There are no exemptions from these restrictions. Oklahoma 1. Must disconnect within 20 seconds after called party hangs up. 21 Okl. Stat. 1847a(A)(1). 2. Curfew restriction: 9:00 a.m. to 9:00 p.m. Id. at (A)(2)(a). 3. Number of abandoned calls may not exceed 5 % of the number of calls answered per day. 15 Okl. Stat. 775A.4(A)(9). Calls not for the purpose of offering any goods or services for sale or conveying information regarding such goods or services are exempt from (1) and (2) above. The following are exempt from (3) above: 1. Calls not for the purpose of inducing the person to purchase or invest in goods, services or property or offering an extension of credit. 15 Okla. Stat. 775A.2(2). 2. Calls from licensed securities dealers. 3. Calls for the sale of books or recordings. 4. Calls for the purpose of polling or soliciting the expression of ideas, opinions or votes, or religious purposes. 5. Calls from paid solicitors or charitable organizations. 6. Calls from supervised financial institutions. 7. Calls from supervised lenders. 8. Calls from persons regulated by the Insurance Commission. 9. Calls without intent to complete a sale until a later face-to-face meeting. 10. Calls from governmental entities. 11. Calls for the sale of telephone or cable service. 12. Calls from businesses regulated by the Oklahoma Real Estate Commission.

18 13. Calls regarding transactions regulated by the Commodity Futures Trading Commission. 14. Calls for the sale of food not exceeding $ in value. 15. Calls from persons who solicit by qualified catalogs. 16. Calls from publicly-traded companies. 17. Calls from a retail business established in Oklahoma which has been operating for at least three years and a majority of seller's business involves sales at the seller's business location. 18. Calls from a person who has conducted business for at least three years under the same name and in the same state, and offers potential purchasers an unqualified right of cancellation for at least 30 days. 19. Calls from a telephone marketing service company that has been operating continuously for at least five years under the same business name and which provides 75 percent or more of its services to exempt sellers. This exemption shall not apply to that portion of a telephone marketing service company=s services performed on behalf of nonexempt sellers. 20. Calls from persons soliciting a business from business purchasers who have previously purchased goods from the solicitor. 21. Calls from public utilities. 22. Calls for the sale of periodicals. 15 Okla. Stat. 775A.2(1). Oregon 1. Must disconnect within 10 seconds after the called party hangs up. Oreg. Stat. 646A.372(1). 2. Curfew restriction: 9:00 a.m. to 9:00 p.m.. Oreg. Stat. 646A. 372(4). 3. May not place calls to persons whose names appear on a list compiled for the purpose of informing potential callers that the person does not want to receive telephone solicitations. Oreg. Stat. 646A.372(2)(C). 18

19 There are no exemptions from (1) and (2) above. The following are exempt from (3) above: 1. Calls made pursuant to an established business relationship. 2. Calls by a person who is subject to regulation under the Fair Debt Collection Practice Act. 3. Calls by a person who is a representative of a public safety or law enforcement agency. 4. Calls by a person who is a representative of a school district or school if the person called is an employee of the school district, a student, or the student s parent, guardian or other family member. Oreg. S.B. 863, 3. Pennsylvania 1. Must disconnect within 10 seconds after called party hangs up. 52 Pa. Stat (b)(2)(i). 2. Curfew restriction: 9:00 a.m. to 9:00 p.m.; 1:30 p.m.-9:00 p.m. Sunday. Id. at (iv). 3. The message shall begin with a statement announcing the name, address, and call-back telephone number of the calling party, the nature and purpose of the ensuing message, and the fact the message is a recording. Id. at (ii). Calls made when a prior written agreement exists between the called and calling parties are exempt from the above requirements. 52 Pa. Stat (b)(1). Rhode Island 1. Must disconnect within 5 seconds after called party hangs up. R.I. Gen. Laws (d); Whenever the message is preceded by a live operator, the operator must, at the outset of the message, disclose: a. The name of the business or organization for which the call is being made. b. The purpose of the message.

20 c. The identity or kinds of goods or services the message is promoting. d. If applicable, the fact that the message intends to solicit payment or commitment of funds. Id. There are no exemptions from (1) above. The following are exempt from (2) above: 1. Recorded messages from school districts to students, parents, or employees. 2. Messages advising employees of work schedules. Id. at (b). South Carolina 1. Must disconnect immediately when the called party hangs up. S.C. Code (C)(2). 2. Curfew restriction: 8:00 a.m. to 7:00 p.m. Id. at (C)(3). Calls not for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit are exempt from the above restrictions. Id. at (A). Calls of a political nature are not exempt. Id. South Dakota 1. Must disconnect within 20 seconds after called party hangs up. S.D. Stat Curfew restriction: 9:00 a.m. to 9:00 p.m. Id. 3. Any telephone solicitation message must disclose immediately after contact the name of the person, company, or organization making the call and the purpose of the call and the goods or services being offered. Id. at Registration is required. Id. at ( The following are exempt from (2), (3) and (4) above: 20

21 1. Calls not for the purpose of encouraging a person to purchase property, goods or services or soliciting donations. 2. Calls made in response to a request or inquiry by the called party (including calls regarding an item that has been purchased by the called party during a period not longer than 12 months prior to the call). 3. Calls limited to polling or soliciting the expression of ideas, opinions, or votes. 4. Business-to-business contacts or contacts with residential customers with whom a business or credit relationship exists. 5. Calls used for relaying messages for private purposes. Id. at Tennessee 1. Must terminate within 10 seconds after fail to get consent or called party hangs up. Tenn. Code (a)(6). 2. Curfew restriction: 8:00 a.m. to 9:00 p.m. Id. at (a)(2). 3. Message must state clearly the name and telephone number of the person or organization initiating the call within the first 25 seconds of the call and at the conclusion of the call. Id. at (a)(7). 4. Despite the statutory requirement of a license pursuant to Tenn. Code , according to the Tennessee Regulatory Authority, there is no such requirement for the use of autodialers. Calls not for any of the following purposes are exempt from (1), (2), and (3) above: 1. Advertising or offering for sale, lease, rental or as a gift any goods, services or property (either real or personal) primarily for personal, family or household use. 2. Conducting polls. 3. Soliciting information. Tenn. Code (a).

22 Texas 1. Must disconnect within 5 seconds after called party hangs up. If the device cannot disconnect during that time period, a live operator must introduce the call and receive the called person s oral consent before delivering the message. Tex. Util. Code Message must be shorter than 30 seconds or dialer must have the capability to recognize a telephone answering device and terminate the call within 30 seconds. Id. at Curfew restriction: 9:00 a.m. to 9:00 p.m. Monday through Saturday; 12:00 p.m. to 9:00 p.m. Sunday. Id. at Permit required ($500 fee). Id. at ( 5. Within the first 30 seconds of the call, the message must clearly state the nature of the call, the identity of the business, and the telephone number or address of the business initiating the call. Id. at Entire message must be delivered in a single language. Id. The following are exempt from the above restrictions: 1. Calls made using automated equipment not used for telephone solicitation or collection. (NOTE: telephone solicitation is not defined in the statute). 2. Calls made using automated equipment that does not store telephone numbers to be called or produce numbers to be called through use of a random or sequential number generator. Id. at Calls not made for solicitation purposes are exempt from (2) above. (NOTE: solicitation is not defined in the statute). Id. at Calls made for debt collection purposes in compliance with applicable federal law and by a live operator for automated dialing purposes are exempt from (5) and (6) above. Id. at Utah Must disconnect from the telephone line within 25 seconds of the termination of the call by the person being called. Utah Code 13-25a-103(5)(e). 22

23 The following are exempt from this requirement: 1. Calls not for a commercial purpose or to seek a financial donation. 2. Calls made in response to an express request of the person called. 3. Calls made primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call. 4. Calls made to any person with whom the caller has an established business relationship. 5. Calls made as required for a medical purpose. Id. at 13-25a-102(9).